BILL NUMBER: AB 1608	CHAPTERED  09/27/00

	CHAPTER   743
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 26, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 21, 2000
	AMENDED IN SENATE   JUNE 22, 2000
	AMENDED IN SENATE   MAY 30, 2000
	AMENDED IN ASSEMBLY   JANUARY 3, 2000

INTRODUCED BY   Assembly Member Strom-Martin
   (Coauthors:  Assembly Members Alquist, Kuehl, Longville, and
Mazzoni)
   (Coauthors:  Senators Chesbro and McPherson)

                        FEBRUARY 26, 1999

   An act to amend Sections 52122 and 52123 of the Education Code,
relating to class size reduction.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1608, Strom-Martin.  School districts:  class size reduction.
   Existing law establishes the Class Size Reduction Program to
provide funding to school districts to reduce class size in
kindergarten and grades 1 to 3, inclusive, to not more than 20 pupils
per certificated teacher.  Existing law establishes 2 options under
which a school district may apply for class size reduction funding.
Under either Option One or Option Two, to qualify for funding under
the program, each class in the program is required to be maintained
with an annual average class size of not more than 20 pupils for the
instructional time that qualifies the class for funding pursuant to
the program.  Existing law requires a school district to certify in
its application to receive funding under the program that a
certificated teacher has been hired by the school district and is
providing direct instructional services to each class selected for
class size reduction, and that there are not more than 20 pupils for
each class.
   The bill would, notwithstanding those provisions, allow a school
district that maintains only one school that serves pupils in
kindergarten and grades 1 to 3, inclusive, with no more than 2
classes per participating grade level and an annual average class
size of not more than 20 pupils to determine average class size by
calculating the total number of pupils enrolled in all grade levels
in a school that will participate in the Class Size Reduction Program
divided by the total number of classes in the school.  The bill
would make related changes in those provisions pertaining to the
certification required to be provided in the funding application.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 52122 of the Education Code is amended to read:

   52122.  (a) Except as otherwise provided by Section 52123, any
school district that maintains any kindergarten or any of grades 1 to
3, inclusive, may apply to the Superintendent of Public Instruction
for an apportionment to implement a class size reduction program in
that school district in kindergarten and any of the grades designated
in this chapter.
   (b) An application submitted pursuant to this chapter shall
identify both of the following:
   (1) Each class that will participate in the Class Size Reduction
Program.
   (2) For each class that will participate in the Class Size
Reduction Program, whether that class will operate under Option One
or Option Two:
   (A) (i) Option One:  A school district shall provide a reduced
class size for all pupils in each classroom for the full regular
schoolday in each grade level for which funding is claimed.  For the
purposes of this chapter, "full regular schoolday" means a
substantial majority of the instructional minutes per day, but shall
permit limited periods of time during which pupils are brought
together for a particular phase of education in groups that are
larger than 20 pupils per certificated teacher.  It is the intent of
the Legislature that those limited periods of time be kept to a
minimum and that instruction in reading and mathematics not be
delivered during those limited periods of time.  For the purposes of
this subparagraph, "class" is defined in the same manner as provided
in the regulations adopted by the Superintendent of Public
Instruction prior to July 1, 1996, pursuant to Sections 41376 and
41378 (subdivision (a) of Section 15103 of Title 5 of the California
Code of Regulations).
   (ii) The purpose of the Class Size Reduction Program is to ensure
that children in public school in kindergarten and grades 1 to 3,
inclusive, receive instruction in classrooms where there are not more
than 20 pupils.  Except as provided in subdivision (h), in order to
qualify for funding pursuant to this chapter, each class in the Class
Size Reduction Program shall be maintained with an annual average
class size of not more than 20 pupils for the instructional time that
qualifies the class for funding pursuant to this chapter.  Nothing
in this chapter shall be construed to prohibit the class size from
exceeding 20 pupils on any particular day, provided that the average
class size for the school year does not exceed 20.
   (B) (i) Option Two:  A school district shall provide a reduced
class size for all pupils in each classroom for at least one-half of
the instructional minutes offered per day in each grade level for
which funding is claimed.  School districts selecting this option
shall primarily devote those instructional minutes to the subject
areas of reading and mathematics.  For the purposes of this
subparagraph, "class" is defined in the same manner as provided in
the regulations adopted by the Superintendent of Public Instruction
prior to July 1, 1996, pursuant to Sections 41376 and 41378
(subdivision (a) of Section 15103 of Title 5 of the California Code
of Regulations).
   (ii) The purpose of the Class Size Reduction Program is to ensure
that children in public school in kindergarten and grades 1 to 3,
inclusive, receive instruction in classrooms where there are not more
than 20 pupils.  Except as provided in subdivision (h), in order to
qualify for funding pursuant to this chapter, each class in the Class
Size Reduction Program shall be maintained with an annual average
class size of not more than 20 pupils for the instructional time that
qualifies the class for funding pursuant to this chapter.  Nothing
in this chapter shall be construed to prohibit the class size from
exceeding 20 pupils on any particular day, provided that the average
class size for the school year does not exceed 20.
   (c) A school district that intends to implement a  class size
reduction program for the 1996-97 school year shall submit an
application for funds pursuant to this chapter to the Superintendent
of Public Instruction not later than November 1, 1996.  To receive
the total amount of funding in the 1996-97 school year for which the
school district is eligible pursuant to Section 52126, a school
district shall implement the Class Size Reduction Program by February
16, 1997, within the meaning of paragraph (2) of subdivision (b).
   (d) A school district that intends to implement or continue to
implement a  class size reduction program for the 1997-98 school year
and any subsequent school year shall submit an application for
funding pursuant to this chapter to the Superintendent of Public
Instruction not later than 90 days after the annual Budget Act is
chaptered, unless otherwise specified in regulations adopted by the
State Board of Education.
   (e) For the 1997-98 school year, a school district that is either
implementing or expanding a class size reduction program pursuant to
this chapter may receive funding pursuant to this chapter even if the
new classes for which funding is sought are not implemented at the
beginning of the 1997-98 school year, provided that, for each new
class in the Class Size Reduction Program, all of the following
criteria are met:
   (1) The teacher for each new class is hired and placed on the
school district's payroll by November 1, 1997.
   (2) Each teacher for a new class has begun to receive the training
required by this chapter on or before February 16, 1998.
   (3) All other requirements of this chapter are satisfied by
February 16, 1998, and continue to be satisfied for the remainder of
the 1997-98 school year.
   (f) For the 1997-98 school year, the number of new classes in the
Class Size Reduction Program is the number of classes satisfying the
requirements of this chapter minus the number of classes funded in
the Class Size Reduction Program pursuant to this chapter in the
1996-97 school year.
   (g) Any school district that chooses to reduce class size through
the use of an early-late instructional program is ineligible to also
use Section 46205, relating to the computation of instructional time
for purposes of the Incentive for Longer Instructional Day and Year,
in any grade level for which class size reduction funding is received
pursuant to this chapter; provided, however, that any school
district that operated under Section 46205 prior to July 1, 1996, may
receive class size reduction funding pursuant to Option One in any
grade level for which class size reduction funding would otherwise be
received pursuant to Option One.
   (h) (1) Notwithstanding any other provision of law, a school
district that maintains only one school serving pupils in
kindergarten and grades 1 to 3, inclusive, is eligible to receive
funding under this section on behalf of the school if there are no
more than two classes per participating grade level and the average
class size is no more than 20 pupils in each of the classes
participating in class size reduction at that schoolsite.  For
purposes of this subdivision, average class size may be determined by
calculating the total number of pupils enrolled in all classes at
all grade levels in a school that will participate in the Class Size
Reduction Program divided by the total number of classes in the
school.  The ratio of pupils to teacher in any class included in the
average shall not exceed the 20 to 1 standard by more than two
pupils.
   (2) As a condition of applying for funding under this subdivision,
a governing board shall make a public declaration, either by
adopting a resolution or by issuing a statement in a publicly noticed
open meeting, that it has exhausted all possible alternatives to
averaging and is unable to achieve the 20 to 1 pupil-teacher ratio in
a way that is educationally acceptable.
  SEC. 2.  Section 52123 of the Education Code is amended to read:
   52123.  A school district's application for funding to implement a
program pursuant to this chapter shall include the district's
certification of each of the following items as a condition to
receiving any apportionment under Section 52126:
   (a) Certification of the number of classes in each eligible grade
level selected for a class size reduction apportionment pursuant to
this chapter.
   (b) Certification of pupil enrollment, as of October of the
previous calendar year, in each class selected for class size
reduction pursuant to subdivision (a).  Classes comprised of special
education pupils enrolled in special day classes on a full-time basis
shall not be included in this program.  School districts may not
claim funding pursuant to this chapter for any pupil who is enrolled
in independent study pursuant to Article 5.5 (commencing with Section
51745) of Chapter 5 of Part 28 for the full regular schoolday nor
may school districts claim funding pursuant to this chapter for any
pupil for any portion of the full regular day that the pupil is
enrolled in independent study pursuant to that article.  Charter
schools may not claim funding pursuant to this chapter for any pupil
who is enrolled in a program of home study for the full regular
schoolday nor may charter schools claim funding for any pupil for any
portion of the full regular schoolday that the pupil is enrolled in
a program of home study.
   (c) (1) Except as provided in paragraph (2), certification that a
certificated teacher has been hired by the school district and is
providing direct instructional services to each class selected for
class size reduction pursuant to this chapter and that there are not
more than 20 pupils per each class.
   (2) In a school district that applies for funding pursuant to
subdivision (h) of Section 52122, certification of all of the
following:
   (A) A certificated teacher has been hired by the school district
and is providing direct instructional services to each class selected
for class size reduction pursuant to this chapter.
   (B) The ratio of pupils to teacher does not exceed the 20 to 1
standard ratio by more than two pupils.
   (3) For the purposes of this subdivision, "class" shall be defined
in the same manner as provided in the regulations adopted by the
Superintendent of Public Instruction prior to July 1, 1996, pursuant
to Sections 41376 and 41378 (subdivision (a) of Section 15103 of
Title 5 of the California Code of Regulations).
   (d) Certification that the school district has a staff development
program pursuant to Section 52127 and that the program has been
approved by the governing board of the school district.
   (e) Certification that the school district will collect and
maintain any data required by the Superintendent of Public
Instruction that will aid in the evaluation of the Class Size
Reduction Program.  The data shall include, but not be limited to,
individual test scores or other records of pupil achievement.  Any
data collected shall be protected in a manner that will not permit
the personal identification of any pupil or parent.
   (f) Commencing with the 1998-99 school year and each school year
thereafter, certification that each class reduced pursuant to this
chapter is housed in either a separate, self-contained classroom or
that the space of each class for each grade level at that schoolsite
provides a square footage per pupil enrolled in each class that is
not less than the average square footage per pupil enrolled in those
grade levels at that schoolsite in the 1995-96 school year.
